JENSEN HUGHES
The best way to mitigate
construction claims risk is to seek
advice before getting into trouble
Canadian Design and Report special feature
A global name in fire safety and code compliance,
Jensen Hughes is also a leading provider of construction
claims, forensic cost analysis and quantification of dam-
ages, and construction risk identification and mitigation.

All projects, regardless of size, are at risk of a dispute
or claim. Most companies need an expert to help navi-
gate commercial deliverables and to mitigate these risks.

Construction claims advisory lead Steven Karst and his
team work on files in all sectors from residential to large
commercial and industrial projects, regardless of project
size. The team’s goal is to work with companies before
problems arise, though often they are called in once a
project is at risk.

Karst encourages a proactive approach. “Ideally we
would work with a company early on to audit their current
processes and provide input and advice to mitigate risk.

We can also help set up systems that are simple but that
will properly protect them.”
20 – June 2017 — The Canadian Design and Construction Report



Many common practices can leave companies vulnera-
ble from poor contract administration to deficient draw-
ings. In many cases, some parties to a contract end up
executing an “assumed contract” rather than adhering to
their commercial requirements.

This practice can be dangerous, especially when it
comes to entitlement. Detailed documentation is also crit-
ical throughout the project to ensure companies save more
money in the long run. Many, even those who think they
are doing it right, aren’t.

Jensen Hughes’ goal is to mitigate potential claims by
helping companies from the tender stage right through to
project completion. When companies wait to involve the
construction claims team when a problem arises, the work
can be far more complicated and much costlier.

“Coming in on the back end when we are preparing or
refuting claims, we’re filtering through schedules, reports,
change orders and meeting minutes,” Karst says. “We’re
trying to build the story of the project and assign respon-
sibility. We’re even filling in grey areas to come to a logical
conclusion. Unfortunately, this is often where we find out
that records and reports are lacking.”
Karst and his team of forensic engineers, cost and
schedule experts, and construction defect specialists work
across Canada. They provide clients with “boots on the
ground” service where and when needed in a cost-effec-
tive manner.

“We also offer our clients cost certainty. If we quote a
price, we work to stay within that price rather than esca-
lating the final cost as others might do.”
Based on his own experience of more than 20 years in
the industry, Karst applies additional expertise in building
materials inspection, site progress monitoring and deter-
mination of construction defects. This ensures that clients
are covered in every aspect of their project.

The Canadian Design and Construction Report — June 2017 – 21